staugustine.com: Legal Notice #31230800

Published Tuesday, March 27, 2007

RESOLUTION 2007-20 A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE MAIN STREET COMMUNITY DEVELOPMENT DISTRICT DECLARING SPECIAL ASSESSMENTS; INDICATING THE LOCATION, NATURE AND ESTIMATED COST OF THOSE INFRASTRUCTURE IMPROVEMENTS WHOSE COST IS TO BE DEFRAYED BY THE SPECIAL ASSESSMENTS; PROVIDING THE PORTION OF THE ESTIMATED COST OF THE IMPROVEMENTS TO BE DEFRAYED BY THE SPECIAL ASSESSMENTS; PROVIDING THE MANNER IN WHICH SUCH SPECIAL ASSESSMENTS SHALL BE MADE; PROVIDING WHEN SUCH SPECIAL ASSESSMENTS SHALL BE MADE; DESIGNATING LANDS UPON WHICH THE SPECIAL ASSESSMENTS SHALL BE LEVIED; PROVIDING FOR AN ASSESSMENT PLAT; ADOPTING A PRELIMINARY ASSESSMENT ROLL; PROVIDING FOR PUBLICATION OF THIS RESOLUTION. WHEREAS , the Board of Supervisors of the Main Street Community Development District (the "Board") hereby determines to undertake, install, plan, establish, construct or reconstruct, enlarge or extend, equip, acquire, operate, and/or maintain the infrastructure improvements ("Improvements") described in Exhibit "A" incorporated herein by reference; and WHEREAS , it is in the best interest of the Main Street Community Development District ("District") to pay the cost of the Improvements by special assessments pursuant to Chapter 190, Florida Statutes ("Assessments"); and WHEREAS , the District is empowered by Chapter 190, the Uniform Community Development District Act, Chapter 170, Supplemental and Alternative Method of Making Local Municipal Improvements, and Chapter 197, the Uniform Method for the Levy, Collection and Enforcement of Non-Ad Valorem Assessments, Florida Statutes, to finance, fund, plan, establish, acquire, construct or reconstruct, enlarge or extend, equip, operate, and maintain the Improvements and to impose, levy and collect the Assessments (as defined below); and WHEREAS , the District hereby determines that benefits will accrue to the property improved, the amount of those benefits, and that special assessments will be made in proportion to the benefits received as set forth in Exhibit "B" incorporated herein by reference and on file at 475 West Town Place, Suite 111, St. Augustine, Florida 32092 ("District Records Office and Local District Records Office"); and WHEREAS , the District hereby determines that the assessments to be levied will not exceed the benefits to the property improved. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE MAIN STREET COMMUNITY DEVELOPMENT DISTRICT: 1. Assessments shall be levied to defray the cost of the Improvements. 2. The nature and general location of, and plans and specifications for, the Improvements are described in Exhibit "A", and are on file at the District Records Office and Local District Records Office. Exhibit "B" is also on file and available for public inspection at the same location. 3. The total estimated cost of the Improvements is $379,181,427 (the Estimated Cost"). 4. The Assessments will defray approximately $517,615,000 which includes the Estimated Cost, plus financing-related costs, capitalized interest, debt service reserve and contingency. 5. The manner in which the Assessments shall be apportioned and paid is set forth in Exhibit "B", including provisions for supplemental assessment resolutions. 6. The Assessments shall be levied, within the District, on all lots and lands adjoining and contiguous or bounding and abutting upon such improvements or specially benefited thereby and further designated by the assessment plat hereinafter provided for. 7. There is on file, at the District Records Office and the Local District Records Location, an assessment plat showing the area to be assessed, with certain plans and specifications describing the Improvements and the Estimated Cost of the Improvements, all of which shall be open to inspection by the public. 8. Commencing with the year in which the Assessments are confirmed, the Assessments shall be paid in not more than (30) thirty annual installments. The Assessments may be payable at the same time and in the same manner as are ad-valorem taxes and collected pursuant to chapter 197, Florida Statutes; provided, however, that in the event the uniform non ad-valorem assessment method of collecting the Assessments is not available to the District in any year, or if determined by the District to be in its best interest, the Assessments may be collected as is otherwise permitted by law. 9. The District Manager has caused to be made a preliminary assessment roll, in accordance with the method of assessment described in Exhibit "B" hereto, which shows the lots and lands assessed, the amount of benefit to and the assessment against each lot or parcel of land and the number of annual installments into which the assessment may be divided, which is hereby adopted and approved as the District's preliminary assessment roll. 10. The Board shall adopt a subsequent resolution to fix a time and place at which the owners ofproperty to be assessed or any other persons interested therein may appear before the Board and be heard as to the propriety and advisability of the assessments or the making of the Improvements, the cost thereof, the manner of payment therefore, or the amount thereof to be assessed against each property as improved. 11. The District Manager is hereby directed to cause this Resolution to be published twice (once a week for two (2) weeks) in a newspaper of general circulation within St. Johns County and to provide such other notice as may be required by law or desired in the best interests of the District. 12. This Resolution shall become effective upon its passage. PASSED AND ADOPTED this 13th day of March, 2007. L721-7 Mar 21, 28, 2007